Los Angeles daily herald., 1887-10-25
City Attorney DAILY States
that They are Legal.
NO OBJECTION TO THEM.
An Opinion of Great Value to the
City-Improvements Must
bc Provided For.

NOuuCH iubtruCtou MI. Ddiy W PIt
pare an opinion on the question:
legality of the school bonds, whic
opinion is presented below. Yestel
day it was read in open Council, an
the Legal Committee was instructe
to procure other legal opinians. whic
are certain to agree with it, after whic
all will be printed i'm pamphlet form
Following is the opinion OF City Al
torney DAILY on the subject:
To the Honorable, the City Couucil:
cENrLEMEN:-In the matter of the com
municatiOn of l.. c. Goodwin, Esq, ad
dressed to Freeman Teed. Esq, City Au
ditor, Of date October 18th, 1887, referred I
me By your honorable body with 1nstruc
tious to present an opinion at your meetlnl
this instant, report as follows:
the communication recites: 'The In
dcbtedness of the City of Los Angeles beint
restricted to the amount OF $5OO,OOO, ant
&4gO 600. 1 consider the issue of at least ,
part, Ii not all, of the school bonds illegal.
It is nv opinion that this statement is no
correct, l am not acquainted VIII
the character OF Iec'sed reaseih IN tb,
communication was arrived at, ana VII
therefore assign my reasons for asserting
that such conclusion is incorrect
Municipal corporations are called into ex
istence at the solicitation or by the consent
OF the persons comprising them. The in
terests, advantages, prosperity ana con
venience of the locality and its people are
the objects Of its creation. To this end they
are endowed with power OF local ADMINS.
/, tsstion. Their boundaries, powers and
duties are subjects of legislative enactment.
They exist by authority OF the government
to assist In the civil government OF the state,
butchiefy to administer the local afialrs
corporations they must be created by stat
ute. They possess such powers as are con-
feried or may be implied by the law Great
ing them or applicable to them. The author
ity to create, then is in the State. This, |
assume, will not be denied. The State had
the power to create by legislative enactment
the City OF Los Angeles. The State is or
ganized by the people within its boundaries
entering into compact for mutual pr0tec-
tion and purposes of government This
compact is called constitution.
BY the proclamation of october 12th,
l649, the people were called upon to form
government for themselves, to secure the
happiness and welfare of the people of the
new State, by the ratification OF constitu-
ton. BY that constitution, Article A, Sec
tion 1. all legislative power is vested in
Senate and Assembly, the Legislature OF the
State The legislative act is declared the
act Of the people Of the State of California.
October 4th. 1850, the Legislature passed
an act to incorporate the City OF Los Angeles
fChaptei 60, Laws of 1S5O.) By the pro
visions OF the first chapter OF our City, lSec-
money and pledge the credit OF the City,
ArOyided majority of the legal voters so
decided. but limited the amount OF indebt-
edness existing at any time to three times
state from the first recognized
that tho necessity may arise
when the credit OF the City should be
pledged for the happiness, welfare or conye,
aiencs OF its people. II is the Iunaanien.at a.
It with power to regulate its local affairs OF
nature not common to the State at large.
This rests upon sound business principles
apart from the theory OF government IL
will be admitted that the powers and duties
OF a municipal corporation, even its ex-
istence, are subject to the Legislative Will.
With us legislative sanction is essential TO
lawful corporate action and wnen tnat sane
ton is obtained we may overstep any nmi-
tati0u or restriction prescribed by the con-
Stfuent act if it be not in conflict win the
State Constitution.
Thus, by act approved April 10Th, 1859,
authority is given to the city topiedge lts
credit for $2UO,OO0 for purposes OF lrrlga-
ton. BY act approved May 18th, 1861, the
city's credit was pledged for 10000 for
railroad purposes. By act approved Feb
ruary 10Th. 1862. authority was given to
of February lst, 1868, authority was given
for the issuance of $4,000 for railroad pur-
poses: and at the next session OF the Legis-
lature, April I'd, 1870, authority was again
obtained to fund the debt.
The act of Febru ry "a, 1877, creates the
Board OF Education of the city OF Los An
geies and here the school government en-
tiers the municipality, which had been fully
considered prior to any action taken IN THIS
By Section OF the act creating the Board
Of Education of this city, the Council Is au-
thorized in a manner very similar TO that
prescribed for the issuance of the bonds In
question: to incur Indebtedness to the eX-
tent OF $50, 900 for the construction OF a
school house. To purchase land for the
Southern Pacific raliroa $l3 300 is autho,
rfzed By the act OF March 27, 1874; and
$65, 900 for irrigation by act of February Is,
1876.
Thus. say, the necessities OF the people
was considered by the Legislature and re-
lief eutended by special enactment.
BY act of March 80, 1873, we obtained our
present charter, which contains the limita-
ton supposed to paralyze our energies and
asDi ratiOns for a better and improved state
of affairs.
Following upon this character comes the
new Constitution, SO called, whlcn lnstru-
meItt, though it may confuse matters little,
does not annihilate or strike down the OBJ
iec,s and purposes for which government is
creuted. by it the welfare and happiness OF
the people ia fully recognized and sought to
be promoted UptO the adoption OF this
Constitution the charter OF our city exist. exist.
be amended by special act or repealed
pro tarto, authority being. given to incur in
debtedness for special purpose or 70
a given amount This character OF
Iegislation in this country is fast falling
from public favor, owing to the abuses and
burdens arising therefrom: and in this view
special legislation in matters OF municipali-
ties is made impossible by Section q, Article
IL OF the Constitution, yet the power to
a Institution OF California, Section 6, Arti-
Gle II: "CorporatiOns for municipal pur-
poses shall not be created by special laws.
But the Legislature by general laws snail
and classification, in proportion to popula-
ton, OF cities and towns, which laws may
be altered, amended or repealed.
Cities and towns heretofore or hereafter or
ganized, and all charters thereof framed or
adopted by authority of this Constitution,
shall be subject to and controlled by general
laws"
1y recognised in the last clause OF sectlon d
above cited
In Thomson vs. Ashworth reported in
the fourteenth volume of the Pacific Repor-
ter. the supreme Court. July I'd, 1857, de-
the Legislature and the relations of general
laws to ali characters of municipalities.
This being fully established, what is our
positiOnf Has the New Constitution wrought
any other Important change in our relation
with the StateY No, think not.
Costsfituttoa, State of California, Section 9,
Article T. .sGoyernmentis is instituted for the
arotection, security and benefit of the peo-
he. and they have the right to alter or re-
forn the same whenever the public good re-
quire t." ., A. ..r,, ,o,o.i.,,.,,, a
&C ,his STATE shall be vested in Senate and
Assemblythe LEGISLATURE Of the II Ell state at Of
80 al the people of the State of California y
section Article d g. ia benn es.sn
III y. tn Tho preservation of the rights and lib
critics people the iegisatuIeb tbs shall
courage by all suitable hsans moral , anS mo-
yic,iftutal improvement o
II vii be seen. then. that within tne Con
..tit..s:on itself, the matter under consldera
sian Is made particular subject OF legisla
tive discretion. 4. sa,.,aa III.
t,,er;ty IL vested In the legislature, an6
y. u manner OF exercising that authority pre-
lit AM ic a cIty IncOrDO